Attorney-General and Minister for Justice, Corrections and Rehabilitation, Guy Barnett MHA, has progressed several key pieces of legislation through Parliament this past week. These Bills aim to enact significant reforms across social justice, public safety and administrative law.
The legislation includes:
- Commissions of Inquiry Amendment (Private Sessions Information) Bill 2025, which passed the Upper House, reduces legal barriers for victim-survivors of child sexual abuse to access information they provided to the Commission of Inquiry.
- Expungement of Historical Offences Amendment Bill 2025, tabled in the House of Assembly, seeks to improve the scheme for expunging historical offences like homosexual and cross-dressing offences and introduces redress payments.
- Dangerous Criminals and High Risk Offenders Amendment Bill 2025 passed the House of Assembly, strengthening provisions for High Risk Offender (HRO) orders, particularly in relation to sexual offences against children.
- Terrorism Legislation (Extension) Bill 2025 was tabled to extend the operation of two existing counter-terrorism Acts until 31 December 2035.
- Justice and Related Legislation (Miscellaneous Amendments) Bill 2025 passed the Legislative Council, providing a direct right of access for senior next of kin to coronial records.
- Residential Tenancy Act 1997 amendments were re-introduced to make it easier for tenants to affix furniture for safety.
- A Bill to progress the establishment of the Commission for Children and Young People was tabled, creating a new body with three Commissioners to strengthen oversight and advocacy for children and young people.
Additionally, the Attorney-General announced the Government’s decision to seek reimbursement of legal fees from certain State Service Employees following a review of legal assistance provided during the Commission of Inquiry.
Media release – Guy Barnett MHA, Attorney-General – 25 September 2025
Legal barriers for victim-survivors reduced, new laws introduced
The Commissions of Inquiry Amendment (Private Sessions Information) Bill 2025, has passed Tasmania’s Upper House.
Attorney-General and Minister for Justice, Corrections and Rehabilitation, Guy Barnett, said the Tasmanian Government is committed to implementing reforms to assist victim-survivors of child sexual abuse.
“We have delivered on our commitment to remove and reduce legal or administrative barriers on victim-survivors where possible,” the Attorney-General said.
The Bill removes barriers to individuals accessing the information they provided to or for a private session with the Commission of Inquiry into the Tasmanian Government’s Responses to Child Sexual Abuse in Institutional Settings (the Commission).
Private sessions are confidential meetings where people can share their experiences with a Commission of Inquiry. The Commission held more than 120 private sessions across 2021 – 2023.
These sessions are not ‘evidence’ for a Commission, but a protected way that a Commission can learn about a matter.
The strict confidentiality and protections around private sessions are designed to encourage people to engage with a Commission and to provide a forum that is less formal or intimidating.
Before these changes, the records of a private session could not be provided to the participant unless they and any person they spoke or wrote about, consent to that information being disclosed.
To account for the possibility where a private session could be held with more than one participant, the Bill provides additional protections.
To ensure that any potential co-participant’s identity is protected, the Bill requires the co-participant to consent to the disclosure. If they do not consent, their identity will be redacted.
This will provide a balance between protecting a co-participants identity and ensuring that participants can receive a full record of their engagement in a private session – including any statements or information made available to them.
“This reform is critical for victim-survivors and whistleblowers. It reinforces that it is their choice what they do with their own information and that they are free to retell their experiences as they wish,” said Guy Barnett.
“We will continue to approach legislation with compassion and commonsense, and I look forward to this legislation progressing.”
The Bill’s third reading is expected to occur in the November.
Media release – Guy Barnett MHA, Attorney-General and Minister for Justice, Corrections and Rehabilitation – 23 September 2025,
Improving the operation of the expungement of historical offences scheme
The Expungement of Historical Offences Amendment Bill 2025 has been tabled in the House of Assembly.
The Bill seeks to improve the scheme which enables charges and convictions for historical offences, including homosexual offences and cross-dressing offences, to be expunged.
Attorney-General and Minister for Justice, Corrections and Rehabilitation, Guy Barnett, said the Tasmanian Government introduced the original expungement scheme as an important step forward for Tasmania.
“We are committed to helping Tasmanians deal with the challenges that they face with compassion and commonsense,” the Attorney-General said.
“The Bill tabled today contains important changes to improve the operation of the Expungement Scheme and provides redress payments for those charged or convicted under the former laws prohibiting homosexuality and cross-dressing in Tasmania.”
The Expungement of Historical Offences Amendment Bill 2025 responds to the recommendations of the Independent Review of Expungement of Historical Offences Act 2017 undertaken by Melanie Bartlett and Taya Ketelaar-Jones in 2020 as well as the Inquiry Report of the Joint Sessional Committee on Gender and Equality.
The Final Report of the Independent Review made 13 recommendations and those which required legislative amendment are addressed in this Bill, which will expand and enhance the operation and administration of the Act.
The Joint Sessional Committee on Gender and Equality’s Inquiry Report, released in March 2025, made 6 recommendations in relation to the payment of redress to eligible recipients under the previously tabled Expungement of Historical Offences Amendment Bill 2024.
The Government has accepted the Committee’s recommendations and the Bill being tabled today will give those recommendations effect.
Specifically, the Bill:
- expands the scheme to provide that related offences are also eligible for expungement;
- further supports a victim-centred approach to investigations;
- improves measures to support effective record disposal;
- improves the confidentiality of records for all parties, including specifically exempting applications, investigation material and determinations from the Right to Information Act 2009; and
- provides for redress payments to eligible recipients.
The Independent Review also made a number of recommendations that did not require legislative amendment and the Department of Justice has been implementing these administrative changes to ensure a more streamlined process and increase awareness of the Scheme.
Media release – Guy Barnett MHA, Attorney-General and Minister for Justice, Corrections and Rehabilitation – 24 September 2025,
Dangerous Criminals and High Risk Offenders Amendment Bill 2025 passes HoA
The Dangerous Criminals and High Risk Offenders Amendment Bill 2025 has passed the House of Assembly.
Attorney-General and Minister for Justice, Guy Barnett, said the Bill delivers on the Government’s commitment to throw the book at those who commit the most abhorrent of crimes.
“The Tasmanian Government takes our responsibility to protect our most vulnerable seriously,” the Attorney-General said.
“I would like to thank all stakeholders who took the time to make a submission and provide their valuable feedback as this bill now progresses to the Legislative Council.
“These important changes demonstrate the Government is working together with the community to enhance public safety and protect vulnerable Tasmanians including children.”
The Bill makes the following amendments to the Dangerous Criminals and High Risk Offenders Act 2021 in relation to the making and operation of HRO orders:
Provide that, when making an HRO order, the Supreme Court may order that the offender is detained for a period of up to seven days beyond the day on which the offender would cease to be in custody, if the Court is satisfied that such a period of time is required to make arrangements to give effect to the conditions imposed under the HRO order;
Clarify that a conviction for attempting to commit a serious offence (a crime that is listed in Schedule 1 to the Act) is considered to be a conviction for a serious offence for purposes of the Act. This means that an offender may be considered eligible for an HRO order where they have been convicted for attempting one of these crimes;
Expand the list of serious offences within Schedule 1 to the Act to include additional sexual offences relating to children and young people. This enables a risk assessment to be made under the Act in relation to offenders who are convicted of these crimes, and they may be considered for an HRO order application; and
Clarify that the operational period of a HRO order is not extended when that order is suspended for a period.
Media release – Guy Barnett MHA, Attorney-General and Minister for Justice, Corrections and Rehabilitation – 25 September 2025,
State Government to seek reimbursement of legal fees
The Tasmanian Government will seek reimbursement of legal assistance provided to State Service Employees who appeared before the Commission of Inquiry into the Tasmanian Government’s responses to child sexual abuse in institutional settings.
The Government has accepted all the recommendations of the Tatarka review into the payment of legal assistance to officers appearing before the Commission.
The review considered if any of the current or former State Servants who received grants of legal assistance during the Commission of Inquiry should be asked to repay those funds because they did not comply with the policy or did not act in good faith.
The Review found of the 27 individuals who received independent legal assistance:
15 were found to have acted appropriately, with no action required.
2 could be asked to repay grants totalling $19,745.
1 individual should be required to repay $56,430.14.
The Government will seek repayment of legal assistance fees from all three individuals.
The independent reviewer is still working to complete recommendations for 9 individuals.
“I have instructed the Department of Justice to commence the process to recover public monies from people who did not comply with the policy or who did not act in good faith,” the Attorney-General said.
Guy Barnett MHA, Attorney-General and Minister for Justice, Corrections and Rehabilitation, 24 September 2025
Extending the operation of important terrorism legislation
A Bill which extends the operation of important legislative provisions designed to prevent and respond to terrorism was tabled in the House of Assembly today.
The Terrorism Legislation (Extension) Bill 2025 amends the Police Powers (Public Safety) Act 2005 and the Terrorism (Preventative Detention) Act 2005 to extend their operation until 31 December 2035.
Both Acts were introduced in 2005 following the Intergovernmental Agreement on Counter-Terrorism Laws which was signed by the then Prime Minister and state and territory First Ministers and sought to create consistency in counter terrorism legislation across the country.
Attorney-General and Minister for Justice, Corrections and Rehabilitation, Guy Barnett, said that both Tasmanian Acts were previously extended for 10 years in 2015 and due to the serious and ongoing terrorist threat faced by Australia it is necessary to extend them for a further 10 years.
“While neither Act has been utilised in Tasmania to date, in August 2024, Australia’s terror threat was raised from “possible” to “probable”,” the Attorney-General said.
“As terrorism and violent extremism around the world remains a serious threat, it is important that Tasmania’s security framework remains in place.
“The Bill will preserve national consistency which is important to enable Australia’s police and law enforcement, intelligence and prosecution agencies to prevent terrorist acts occurring and investigate and prosecute those who commit acts of terrorism or who seek to commit such acts.
“The Bill has been tabled in Parliament before the end of the consultation period to give it the best chance of commencing before the Acts expire at end of year.
“However, we remain committed to receiving stakeholder feedback on the amendments.
The Public Safety Act provides police officers with necessary powers to ensure the safety of the public where there is a potential terrorist threat to a significant event or essential infrastructure, or where a terrorist act has occurred.
The Terrorism (Preventative Detention) Act 2005 provides for an authorised person to seek the detention of a person for up to 14 days in order to prevent an imminent terrorist act occurring or preserve evidence of, or relating to, a recent terrorist act.
A copy of the Bill and supporting documents along with details on how to make a submission can be found on the Department of Justice website.
Guy Barnett MHA, Attorney-General and Minister for Justice, Corrections and Rehabilitation, 24 September 2025
Legislative Council passes vital reform
The Justice and Related Legislation (Miscellaneous Amendments) Bill 2025 has passed the Legislative Council.
While the Bill amends a number of Acts, it most significantly amends the Coroners Act 1995, now providing for a clear and direct right of access by senior next of kin to coronial records.
Attorney-General and Minister for Justice, Corrections and Rehabilitation, Guy Barnett, said this was a historic day.
“Today, I want to pay a special tribute to the Westbrook family,” the Attorney-General said.
“Their advocacy has been tireless and I hope that this reform is a step closer to the closure that they are seeking.
“Our Government will continue to help Tasmanians deal with the challenges they face, with compassion and commonsense.”
The Bill also includes minor amendments to the Corrections Act 1997, Tasmanian Civil and Administrative Tribunal Act 2020 and Workers Rehabilitation and Compensation Act 1998 to improve the operation of these Acts.
Guy Barnett MHA, Minister for Small Business, Trade and Consumer Affairs, 25 September 2025
Making homes safer for renters
The Tasmanian Government is making homes safer for renters through changes to the Residential Tenancy Act 1997, which was re-introduced into the House of Assembly today.
Minister for Small Business, Trade and Consumer Affairs, Guy Barnett, said the Bill amends the Residential Tenancy Act 1997 to make it easier for tenants to affix an item of furniture to the premises to reduce the risk of injury or death to a person from the movement of that furniture.
“Where affixing the furniture will not cause permanent damage, no consent from the owner is needed. If permanent damage will result, the tenant will need to seek the consent of the owner first,” Barnett said.
“The owner must respond to the request within 14 days and consent must not be unreasonably refused. If consent is refused and the tenant believes the refusal is unreasonable, the tenant can apply to the Residential Tenancy Commissioner for an order to authorise the making of the safety modification.
“This is an example of how our Government is getting on with the job and is delivering on the things that matter for Tasmanians.”
The Residential Tenancy Act continues to ensure a tenant has an obligation to return the property to the condition it was in at the beginning of the tenancy, other than reasonable wear and tear.
“We are striking the right balance between improving safety for tenants and protecting owners,” Barnett said.
“Our Government considers that the reforms contained in the Bill maintain a balance between the rights and safety of the tenants with the interests of the owner.”
Any damage as a result of affixing furniture will need to be rectified by the tenant at the end of the tenancy or otherwise the owner can make a claim against the bond.
Guy Barnett MHA, Attorney-General and Minister for Justice, Corrections and Rehabilitation, 24 September 2025
Progressing the establishment of the new Commission for Children and Young People
A Bill which progresses the Commission of Inquiry’s recommendation to establish a Commission for Children and Young People (the Commission) was tabled in the House of Assembly today.
It will create a new Commission with three Commissioners and build on the functions of the existing Commissioner for Children and Young People. The Independent Regulator of the Child and Youth Safe Organisations Framework will also be part of the Commission.
Attorney-General and Minister for Justice, Guy Barnett, said the Commission will strengthen Tasmania’s oversight system and be a strong advocate for children and young people.
“Protecting our children and young people remains one of the most solemn goals of this Government,” the Attorney-General said.
“A draft version of the Bill went through extensive stakeholder and community consultation in late 2024 and the version tabled today has been significantly amended to address the feedback received.
“I would like to thank all those who provided feedback on the draft Bill for their detailed and constructive input into this important process.
“The Bill will commence in stages, reflecting the timing of the Commission of Inquiry recommendations and supporting an effective transition.
The Commission’s general functions will include:
recommending system improvements to Government;
conducting inquiries into systemic issues;
promoting the safety and wellbeing, rights, and participation of children and young people;
monitoring and reviewing their wellbeing, care and treatment in out-of-home care or the youth justice system; and
including data and information about serious incidents.
The Commissioner for Children and Young People will be the head of this new agency.
The Commissioner for Aboriginal Children and Young People will have functions centred on advocating for the rights and welfare of Aboriginal children and young people.
The Child Advocate will focus on advocating for individual children and young people and will also be responsible for developing an independent community visitor scheme to support children and young people in out-of-home care and in the youth justice system.
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